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ARTICLE · 03 MAY 2016

Defend Trade Secrets Act Approved By Congress

The U.S. House of Representatives passed the Defend Trade Secrets Act on April 27, 2016, significant legislation that proposes to amend the Economic Espionage Act.

United StatesIntellectual Property

Paul Lannon Jr. is a Partner in Holland & Knight's Boston office
Brandon Elledge is a Partner in Holland & Knight's Northern Virginia office

The Legislation Has Implications for Employers and Trade Secret Holders Nationwide

HIGHLIGHTS:

  • The U.S. House of Representatives has passed the Defend Trade Secrets Act (DTSA), significant legislation that proposes to amend the Economic Espionage Act. The DTSA had previously passed the Senate and is expected to be signed into law by President Obama.
  • DTSA, if enacted, would federalize a civil right of action for employers, contractors and companies who pursue trade secret misappropriation claims, bringing this category of intellectual property into the already federalized arenas of copyright, trademark and patent claims.

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